[Congressional Record Volume 169, Number 49 (Thursday, March 16, 2023)]
[Senate]
[Pages S822-S823]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. MENENDEZ. Mr. President, section 36(b) of the Arms Export Control 
Act requires that Congress receive prior notification of certain 
proposed arms sales as defined by that statute. Upon such notification, 
the Congress has 30 calendar days during which the sale may be 
reviewed. The provision stipulates that, in the Senate, the 
notification of proposed sales shall be sent to the chairman of the 
Senate Foreign Relations Committee.
  In keeping with the committee's intention to see that relevant 
information is available to the full Senate, I ask unanimous consent to 
have printed in the Record the notifications which have been received. 
If the cover letter references a classified annex, then such annex is 
available to all Senators in the office of the Foreign Relations 
Committee, room SD-423.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:


[[Page S823]]


                                                  Defense Security


                                           Cooperation Agency,

                                                   Washington, DC.
     Hon. Robert Menendez,
     Chairman, Committee on Foreign Relations,
     U.S. Senate, Washington, DC.
       Dear Mr. Chairman: Pursuant to the reporting requirements 
     of Section 36(b)(1) of the Arms Export Control Act, as 
     amended, we are forwarding herewith Transmittal No. 23-23, 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Poland for defense articles 
     and services estimated to cost $150 million. We will issue a 
     news release to notify the public of this proposed sale upon 
     delivery of this letter to your office.
           Sincerely,
                                                       Mike Miller
                                  (For James A. Hursch, Director).
       Enclosures.


                         transmittal no. 23-23

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(1) of the Arms Export Control Act, as 
         amended
       (i) Prospective Purchaser: Republic of Poland.
       (ii) Total Estimated Value:
       Major Defense Equipment * $125 million.
       Other $25 million.
       Total $150 million.
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Eight hundred (800) AGM-114R2 Hellfire Missiles.
       Four (4) M36 Hellfire Captive Air Training Missiles (CATM).
       Non-MDE: Also included is Tactical Aviation Ground Munition 
     Program Office technical assistance; Security Assistance 
     Management Directorate technical assistance; Joint Attack 
     Munition Systems technical assistance; Classified and 
     Unclassified publications; spare parts; repair and return; 
     storage; and other related elements of logistics and program 
     support.
       (iv) Military Department: Army (PL-B-UDZ).
       (v) Prior Related Cases, if any: None.
       (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed 
     to be Paid: None.
       (vii) Sensitivity of Technology Contained in the Defense 
     Article or Defense Services Proposed to be Sold: See Attached 
     Annex.
       (viii) Date Report Delivered to Congress: March 16, 2023.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          policy justification

                       Poland--Hellfire Missiles

       The Republic of Poland has requested to buy eight hundred 
     (800) AGM-114R2 Hellfire missiles; and four (4) M36 Hellfire 
     Captive Air Training Missiles (CATM). Also included is 
     Tactical Aviation Ground Munition Program Office technical 
     assistance; Security Assistance Management Directorate 
     technical assistance; Joint Attack Munition Systems technical 
     assistance; Classified and Unclassified publications; spare 
     parts; repair and return; storage; and other related elements 
     of logistics and program support. The total estimated cost is 
     $150 million.
       This proposed sale will support the foreign policy goals 
     and national security objectives of the United States by 
     improving the security of a NATO ally that is a force for 
     political stability and economic progress in Europe.
       The proposed sale will improve Poland's military goals of 
     updating capability while further enhancing interoperability 
     with the United States and other allies. Poland intends to 
     use these defense articles and services to modernize its 
     armed forces and expand its capability to strengthen its 
     homeland defense and deter regional threats. Poland will have 
     no difficulty absorbing this equipment into its armed forces.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The principal contractor will be Lockheed Martin 
     Corporation, Orlando, FL. There are no known offset 
     agreements proposed in connection with this potential sale.
       Implementation of this proposed sale will not require the 
     assignment of any additional U.S. Government or contractor 
     representatives to Poland.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 23-23

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(1) of the Arms Export Control Act

                           Annex Item No. vii

       (vii) Sensitivity of Technology:
       1. The Hellfire AGM-114R2 is a precision strike, semi-
     active laser-guided missile and is the principal air-to-
     ground weapon for the U.S. Army AH-64 Apache. The Hellfire R 
     model incorporates a multi-purpose warhead with selectable 
     effects appropriate for engagement of a wide range of targets 
     including heavily or lightly armored targets, thin-skinned 
     vehicles, urban structures, caves, and personnel.
       2. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     SECRET.
       3. If a technologically advanced adversary were to obtain 
     knowledge of the specific hardware and software elements, the 
     information could be used to develop countermeasures that 
     might reduce weapon system effectiveness or be used in the 
     development of a system with similar or advanced 
     capabilities.
       4. A determination has been made that Poland can provide 
     substantially the same degree of protection for the sensitive 
     technology being released as the U.S. Government. This sale 
     is necessary in furtherance of the U.S. foreign policy and 
     national security objectives outlined in the Policy 
     Justification.
       5. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     Poland.

                          ____________________